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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Parampreet Singh – Appellant
Versus
Harkamal Singh – Respondent
| Table of Content |
|---|
| 1. execution procedure review (Para 1 , 3) |
JUDGMENT :
1. The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the impugned orders dated 18.03.2025 and 09.09.2025 passed by the learned Executing Court, Ludhiana. Vide order dated 18.03.2025, the Executing Court allowed the applications filed by the decree- holder under Order 21 Rule 37 CPC read with Sections 51 and 55 CPC and under Order 21 Rule 39 CPC , directing the decree-holder to deposit subsistence allowance and issuing conditional warrants of arrest against the judgment-debtor. Subsequently, vide order dated 09.09.2025, the Executing Court dismissed the review petition filed by the judgment-debtor against the earlier order.
3. The judgment-debtor thereafter moved a review petition under Order 47 Rule 1 CPC contending that the order dated 18.03.2025 was in violation of mandatory provisions of Section 51 CPC and Order 21 Rule 37 CPC , inasmuch as no show cause notice was issued to the judgment-debtor and no enquiry was conducted into his means to pay before ordering arrest and detention. The executing court, however, dismissed the review petition on 09.09.2025
Judicial authority must follow mandatory procedures in executing arrest, including notice and inquiries into the judgment-debtor's means of payment.
The main legal point established is that the provisions of Order 21 Rule 37 of the CPC can only be invoked when there is an application for the execution of a decree for the payment of money.
The executing court must follow procedural safeguards before detaining a judgment-debtor in civil prison, including conducting an inquiry and recording reasons.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
Issuance of conditional warrant of arrest in accordance with the provisions of Order 21 Rule 37 CPC.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Conditional arrest warrants require compliance with Section 51 CPC, necessitating judicial satisfaction on the judgment-debtor's means and intentions before execution.
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